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- Comparative Labor Law (3)
- Labor Law (2)
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- Labor law (2)
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- Britain; Germany; labor law; labor representation; German Works Constitution Act; privatization (1)
- EEC (1)
- Employment (1)
- Employment law (1)
- Equal employment opportunity (1)
- Equal opprtunity employment (1)
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- European Community; Sexual harrassment; Recommendation on the Protection of the Dignity of Women and Men at Work (1)
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- Gender Inequality (1)
- Harmonization of law (1)
- International trade (1)
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- Labor Law; South Korea; Unions (1)
- Labor Protest (1)
- Labor law; Successorship; Canada; Collective bargaining agreement (1)
- Law reform (1)
- Outsourcing (1)
- Poland; Labor Law; 1980 Gdansk and Szczecin Agreements (1)
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Articles 1 - 17 of 17
Full-Text Articles in Law
The Effect Of The Pro Act On Secondary Activity And International Trade, Christopher R. Rodenbaugh
The Effect Of The Pro Act On Secondary Activity And International Trade, Christopher R. Rodenbaugh
Northwestern Journal of International Law & Business
No abstract provided.
Leveling The Playing Field: How To Get International Student-Athletes Paid Under Name, Image And Likeness, Justin Auh
Leveling The Playing Field: How To Get International Student-Athletes Paid Under Name, Image And Likeness, Justin Auh
Northwestern Journal of International Law & Business
No abstract provided.
Are Women-Only Trade Unions Necessary In South Korea: A Study Of Women Workers' Struggles In Korea's Labor Market Comment , Gina Kong
Northwestern Journal of International Law & Business
Recently, in response to discriminatory laws, a gendered labor market, and male-dominated unions, Korean women workers organized women- only trade unions. This comment argues that the strategy of Korean women workers to unionize apart from mainstream labor unions is a necessary and positive movement. First, the comment examines the circumstances in which the organization of Korean women's trade unions became necessary to respond to the discrimination and mistreatment of women by the Korean labor market and the inadequacy of mainstream trade unions to protect women workers. Second, the comment examines how the Korean women's trade unions have been improving the …
A Finger In The Dike? An Examination Of The Efficacy Of State And Federal Attempts To Use Law To Stem Outsourcing, Beverley Earle, Geralk A. Madek, Christina Madek
A Finger In The Dike? An Examination Of The Efficacy Of State And Federal Attempts To Use Law To Stem Outsourcing, Beverley Earle, Geralk A. Madek, Christina Madek
Northwestern Journal of International Law & Business
Many people, not just in the United States, are concerned about the implications of this growth in outsourcing for the future of business. State governments in particular are trying to stop outsourcing and are using the law as a means to do so. However, are these attempts, which are variants of the old "buy American" programs, doomed to be ineffective and ultimately protectionist, without really protecting American business? This paper will examine the developments of offshoring, outsourcing, and insourcing in Part II. Part III examines both state and federal legal efforts to restrict this growth. Part IV examines the WTO …
Code Or Contract: Whether Wal-Mart's Code Of Conduct Creates A Contractual Obligation Between Wal-Mart And The Employees Of Its Foreign Suppliers, Katherine E. Kenny
Code Or Contract: Whether Wal-Mart's Code Of Conduct Creates A Contractual Obligation Between Wal-Mart And The Employees Of Its Foreign Suppliers, Katherine E. Kenny
Northwestern Journal of International Law & Business
This comment examines whether corporate codes of conduct and more specifically, Wal-Mart's Code of Conduct, are binding contracts between foreign suppliers and their employees or whether they are voluntary and non-contractual devices. An analysis of U.S. law and the text and implementation of Wal-Mart's Code of Conduct reveals that the Code should not be interpreted as a contract binding on foreign suppliers and their employees for the breach of contract for denial of minimum and overtime wages, the breach of contract for forced labor, and the breach of contract for denial of the fundamental right to freely associate. The comment …
The Kalanke Ruling: Gender Equality In The European Labor Market, Ann Donahue
The Kalanke Ruling: Gender Equality In The European Labor Market, Ann Donahue
Northwestern Journal of International Law & Business
Part I of this note describes the facts that lead up to the ruling in Ka- lanke v. Freie Hansesetadt Bremen and critiques the decision of the ECJ. Since the Court's reasoning lacks depth and precedence, Part II examines the opinion of the Advocate General to explain the possible reasoning be- hind the decision. Part III scrutinizes the degree of cohesiveness between the Kalanke ruling and subsequent decisions by the ECJ. Part IV follows the reactions of the European market to Kalanke. Part V examines propos- als to minimize the effects of the decision. Finally, the note proposes statutory language …
National And International Sources Of Women's Right To Equal Employment Opportunities: Equality In Law Versus Equality In Fact, Jill Andrews
National And International Sources Of Women's Right To Equal Employment Opportunities: Equality In Law Versus Equality In Fact, Jill Andrews
Northwestern Journal of International Law & Business
Women's right to equal employment opportunity has been recognized virtually worldwide. In fact, one-third of the total world labor force consists of women.' As the higher echelons in employment are reached, however, the number of positions occupied by women tapers off dramatically.2 Thus, while the right to equal employment opportunity is acknowledged, enforcement remains a formidable challenge. Although facially similar laws prohibiting discrimination in the recruitment, promotion and working conditions of women have been enacted by United Nations member countries, the United States, the European Community and Japan, the difference between equality in law and equality in fact lies with …
Thailand's Labor And Employment Law: Balancing The Demands Of A Newly Industrializing State, W. Gary Vause, Nikom Chandravithun
Thailand's Labor And Employment Law: Balancing The Demands Of A Newly Industrializing State, W. Gary Vause, Nikom Chandravithun
Northwestern Journal of International Law & Business
This article provides a comparative overview of Thailand's labor law, one of the principal considerations for prospective investors. The legal system is analyzed from the perspective of a U.S. investor; to provide a familiar frame of reference, comparisons are made throughout the analysis to labor law in the United States. Observations also are offered on the important extra-legal aspects of employment in Thailand, such as the implications of Thai culture for the employer-employee relationship.
Working On Dignity: Ec Initiatives On Sexual Harrassment In The Workplace, Victoria A. Carter
Working On Dignity: Ec Initiatives On Sexual Harrassment In The Workplace, Victoria A. Carter
Northwestern Journal of International Law & Business
This article argues that the [European] Commission should propose legally binding legislation to guarantee all workers, both women and men, protection against sexual harassment in Community workplaces. Section I describes the nature of sexual harassment, the problems it poses in the EC, and the effects of sexual harassment on people and businesses. Section II reviews existing Member State legislation and labor union policies and identifies the inadequacy of these measures to protect EC workers from sexual harassment. Section III describes existing EC legislation on sexual harassment and the equal treatment of women and men in the workplace and identifies the …
Potential Liability Of New Employers To Pre-Existing Collective Bargaining Agreements And Pre-Existing Unions: A Comparison Of Labor Law Successorship Doctrines In The United States And Canada, Phillip M. Schreiber
Potential Liability Of New Employers To Pre-Existing Collective Bargaining Agreements And Pre-Existing Unions: A Comparison Of Labor Law Successorship Doctrines In The United States And Canada, Phillip M. Schreiber
Northwestern Journal of International Law & Business
Successorship questions arise in many areas of corporate law when one business entity takes over another business entity. In labor law, successorship issues can arise whenever one business entity takes over another business entity which has employees that are collectively organized. Similar successorship issues in labor law exist in both the United States and Canada. However, both the determination of successor status and the consequences of this determination differ in the United States and Canada. In addition, differences exist within the various Canadian provinces and federal territories. This comment will explore and analyze these differences.
Turkey, The Eec And Labor Law: Is Harmonization Possible, Jon Viner
Turkey, The Eec And Labor Law: Is Harmonization Possible, Jon Viner
Northwestern Journal of International Law & Business
In 1987, after more than twenty years of economic association with the EC,' Turkey applied for full membership in the Community. When Turkey is admitted into the EC,9 its entry will be conditioned on the harmonization of its laws with those of the EC.10 The object of this paper is to examine the feasibility of Turkey accomplishing this task.
Perspectives On Privatization And Plant-Level Industrial Relations: Great Britain In The 1980s, Germany In The 1990s, Andrew J. Ritten
Perspectives On Privatization And Plant-Level Industrial Relations: Great Britain In The 1980s, Germany In The 1990s, Andrew J. Ritten
Northwestern Journal of International Law & Business
This Comment will analyze the changing situation in Germany and offer analogies based on a historical precedent. Though the degree of change was much less revolutionary, Great Britain in the 1980s experienced a period of industrial privatization similar to that which is presently occurring in Germany. The purpose of this Comment is to examine the effects of British privatization on plant-level labor representation and industrial relations and to show how this experience may provide insight into what is likely to happen in Germany during its period of privatization.
Strangers In A Strange Land: Foreign Compulsion And The Extraterritorial Application Of United States Employment Law, Michael A. Jr. Warner
Strangers In A Strange Land: Foreign Compulsion And The Extraterritorial Application Of United States Employment Law, Michael A. Jr. Warner
Northwestern Journal of International Law & Business
The increasingly interdependent nature of the world economy has made commonplace the overseas employment of United States citizens by United States multinational corporations. When an American company employs a United States citizen in a foreign country questions arise as to what extent the United States may regulate employment activity taking place outside of United States territorial boundaries. Historically, principles of territoriality and nationality have constrained the ability of a sovereign state to prescribe conduct occurring outside of its boundaries. Under traditional principles of jurisdiction, employee relations fell predominantly under the control of the local authorities where the person or persons …
The Prospects For Labor Law Reform In Poland, Maria Matey
The Prospects For Labor Law Reform In Poland, Maria Matey
Northwestern Journal of International Law & Business
A complex combination of socioeconomic factors have produced a situation in Poland in the mid-1980s which is in urgent need of reform. This need for change extends to the complicated and controversial subject of labor law. It is the purpose of this Perspective to set forth the current status of labor law in Poland and to analyze the prospects for possible reform. There are currently three approaches to labor law reform in Poland. The first is held by the government, the second by labor law scientists, and the third by the trade unions created after 1982. These approaches include wide-ranging …
Protest Boycotts And Federal Labor Laws: The Russian Trade Boycott, Gerald L. Jr. Maatman
Protest Boycotts And Federal Labor Laws: The Russian Trade Boycott, Gerald L. Jr. Maatman
Northwestern Journal of International Law & Business
Part I of the Comment examines the Russian trade boycott, and compares the boycott to ILA protest activity over the past three decades. The survey of protest boycotts demonstrates the wide range of business interests disrupted by union conduct and the extent to which such activities may undermine American foreign policy. Part II analyzes whether the National Labor Relations Board (NLRB or Board) may assert jurisdiction over protest boycotts. The jurisdictional reach of the NLRA will be explored with emphasis upon a line of Supreme Court decisions involving foreign-flag vessels. Particular criticism will also focus upon the Fifth Circuit's recent …
The European Commission's Proposals On Worker Participation In The European Economic Community, Marc-Hubert Battaille
The European Commission's Proposals On Worker Participation In The European Economic Community, Marc-Hubert Battaille
Northwestern Journal of International Law & Business
The current trend toward greater worker participation in business decisions is reflected in European Economic Community developments. In this article, Mr. Battaille examines recent European Commission measures which attempt to harmonize national company law legislation in the Member States. The author focuses particularly on the Commission's proposal for a Council Directive to ensure the right to information and consultation for workers of enterprises exercising their activities in more than one establishment or subsidiary in one or several Member States.
The Evolving Concept Of European Labor Relations Legislation, Walter Kolvenbach
The Evolving Concept Of European Labor Relations Legislation, Walter Kolvenbach
Northwestern Journal of International Law & Business
The subject of worker participation in the decision-making process has become one of the major topics in the developing area of EEC labor law. The EEC Treaty, however, does not provide the direct legal basis for the introduction of worker participation legislation by the Community. The Commission, therefore, has concentrated on harmonizing the company legislation of the Member States in its drive to develop a European labor legislation. In this article, Dr. Kolvenbach surveys the existing company legislation in the Member States dealing with worker participation and discusses the recent harmonization proposals of the Commission. He then concludes by supporting …